24 e) Otoniel de la Roca Mendoza and his criminal record49. * * * 93. In the public hearings on June 16 to 18, October 15, and November 22 and 23, 1998, the Court received the report of the expert witness and the statements of the witnesses proposed by the Inter-American Commission. These statements are summarized below. B) EXPERT EVIDENCE a) Expert testimony of Helen Mack, Guatemalan administrator, on the administration of justice in Guatemala. business In Guatemala, justice is “slow, inefficient, it is corrupt, fearful” and partial, particularly when those with any political power are prosecuted. In particular, as a result of the internal conflict that Guatemala has experienced over the last three decades, the judicial system underwent a profound crisis, especially from 1992 to 1996, particularly with regard to human rights, and this resulted in a weak Judiciary, which allowed the Executive Branch to commit abuses. As a result of corruption and the fear of those who apply justice to “act against Army officers who still have considerable political power”, 99.9% of cases of human rights violations go unpunished. Impunity also exists because many of the violations entail the surrender of information that is classified as a State secret by the Ministry of Defense although, according to the Criminal Procedural Code, it is the judge who should make this classification; because the evidence is adulterated or disappears, and due to abuse in filing appeals within the judicial proceedings. “Military intelligence” has used slander as a strategy to obstruct the exercise of justice, by diminishing the credibility of the victims of human rights violations and intimidating those in charge of the criminal prosecution. The most recent example was the crime of Monsignor Gerardi, which she interprets as a clear message that “any […] person is vulnerable when conducting a lawsuit in the area of human rights”. For example, in the instant case, an effort was made to discredit Jennifer Harbury by not recognizing her marriage to Bámaca Velásquez. Moreover, depending on the case, the Guatemalan press does not publish information on judicial proceedings, because the journalists may expose themselves to threats. May 30, 1995, related to the deposition of Julian Socop Cuyuch; affidavit of May 30, 1995, related to the deposition of Edgar René Muñoz Cifuentes; affidavit of May 30, 1995, related to the deposition of Francisco Ortíz Sánchez; affidavit of May 30, 1995, related to the deposition of María Macaria Cotón; affidavit of May 30, 1995, related to the deposition of Belfina Judith Fajardo; and copy of the expansion of the statement of April 15, 1996, by Anastasia López Calvo before the district prosecutor, Shilvia Anabella Jerez de Herrera. 49 Cf. Certificate of criminal record of Otoniel de la Roca Mendoza of November 20, 1998; and certificate of military enrolment of Otoniel de la Roca Mendoza of November 16, 1998.

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